Next to “How much is my case worth?” questions about the timing and duration of lawsuits are the ones I hear most often from railroad workers.
Timing is critical to lawsuits. If they’re going to protect their rights, workers need to know the window in which they have to report an injury, file an FELA suit or file a whistleblower claim.
This blog will answer those questions along with tougher, more, it-depends-on-your-situation queries like, “When will I get paid?” and “How long will my trial last?”
Read on for 10 answers to the most often asked timing-related questions about FELA injury and whistleblower claims.
1. How long do I have to report an injury?
There is no legal requirement. I know your company rules say to report it immediately or possibly by the end of your shift. But I am here to tell you that with the whistleblower amendments to the Federal Railroad Safety Act, you cannot (validly) be brought up on any kind of discipline charges for late report of injury. That is, so long as the delay was in good faith. In other words, report the injury when you know you have one. If that is two days later because the pain and soreness is not going away, then so be it.